Succession Planning for Crofters

Whether you are an owner occupier crofter or a tenant crofter, planning for the future of your croft whether that is passing on your croft or allowing someone else to use your croft can be a difficult decision. Succession planning and what happens after someone’s death can be a difficult conversation to have but putting provisions in place for succession is not only sensible but a necessity that needs addressing.  

From choosing a solicitor with experience in crofting law to having someone to act as Power of Attorney, there is a lot to think about and now is a good time to start – whatever your age. 

The Croft - What Happens Next? 

In 1789 Benjamin Franklin famously wrote "In this world nothing can be said to be certain, except death and taxes". It still applies today and so does the fact that, whilst we will often be very vocal about the perceived injustices of the latter, we are often uncomfortable discussing the former! 

Although conversations about the future can be challenging, particularly when they involve difficult subjects like death or incapacity, they are nonetheless essential. Open and honest discussions with your family about what should happen to the croft, and your wider estate, can save a great deal of confusion, disagreement, and distress in the future.  

What do you want to happen to the croft? What do your descendants expect to happen to the croft? They don’t always concur and an open and honest discussion where everyone can air their views is important. Crofters will often say to me that “they can sort it out when I’m gone” but this can lead to significant legal and administrative challenges, especially where no will has been made. An ‘intestate succession’ (where there is no will) makes it very difficult for those dealing with your estate.   

When a person dies without a will, their estate is dealt with through intestate succession, a process that can be lengthy and complex. This adds further difficulty at a time when loved ones are already dealing with the emotional burden of bereavement.  

Making a Will 

The transfer of your croft can be within your lifetime or after your death. Professional advice should be sought from a solicitor with experience of crofting when making a will to ensure your wishes are carried out. Any successors to your croft must be able to meet the duties of a crofter. If you haven’t made a will then now is a very good time to do that – whatever your age!  Make sure the will specifically mentions the croft (or crofts if you have more than one) and any grazing shares that you may have. You may also wish to include other assets such as Basic Payment Scheme (BPS) entitlements. It is important that you consult a solicitor with experience in crofting law as, your status (tenant, owner occupier or landlord) determines how you can pass your croft on. 

You should also remember to keep the will up to date. Life’s circumstances change and it’s important to think about the contents of your will as things evolve within your family. You should update your will every three to five years or after any significant life event, such as marriage, divorce, birth of a child or grandchild, major financial changes, or the death of a beneficiary or executor. 

Power of Attorney 

Another important, and often overlooked document, is the Power of Attorney. This legal document allows you to appoint someone you trust to represent you and manage your affairs should you become incapacitated and no longer able to make decisions for yourself. If dying without a will can cause an administrative headache then becoming incapacitated and unable to manage your own affairs is a much bigger problem!  Appointing someone to be your Power of Attorney can save an awful lot of trouble further down the line. 

Your choice of attorney should be someone you trust completely. You can appoint anyone you trust but remember that they will have complete control over your affairs including access to your money and any investments and will be able to make all financial decisions on your behalf. This can be quite a burden so consider this when making a choice. It can be a member of your family, a trusted friend or even your solicitor if that feels appropriate. Bear in mind that a solicitor or other professional would charge for this should the worst happen, and you are no longer able to make decisions for yourself. 

Let’s summarise what actions you need to make succession a smooth process: - 

1. Have a conversation with your successors. Get a clear idea of what everyone expects.  
2. Check your status as a crofter on the Crofting Commission’s Register of Crofts – tenant, owner, occupier, crofter etc., as this determines how the croft will be dealt with.  
3. Choose a solicitor with experience in crofting to complete your will. 
4. Make sure all crofts and grazing shares are specified in the will. 
5. Discuss appointing a Power of Attorney with your solicitor to protect your interests in the event of incapacity. 

Useful Links 

• www.fas.scot/article/a-guide-to-succession-for-farmers-and-crofters 
• www.fas.scot/article/a-guide-to-croft-succession-planning 

Jane Organ, Agricultural Technician, Jane.Organ@sac.co.uk  

Unearthed is the exclusive SAC Consulting members' monthly newsletter. Unearthed offers insights and tips from our experts on what we think is in store for farming and crofting in the coming months in order to protect and enhance your business.

Posted by Unearthed News on 14/10/2025